As wearable technology becomes increasingly integrated into daily life, courts are beginning to address how to handle the data these devices collect. In a recent article for GTLA’s Verdict, Cannella Snyder attorneys Hannah Amanuel and Chase Lyndale explore how wearable devices like Apple Watches, Fitbits, and WHOOP bands are starting to influence the outcome of both criminal and civil cases, including personal injury litigation.
With 44 percent of Americans now owning wearable technology, both plaintiffs and defendants have begun to seek the data from these devices. While parties in criminal cases have begun to leverage this technology, Amanuel and Lyndale examine its growing relevance in civil litigation.
Their article highlights:
- What wearable technology is and how it functions
- How courts across the country have ruled on discovery requests involving wearable data
- Practical considerations for plaintiffs’ attorneys, including how to proactively use or defend against wearable evidence
Although Georgia courts have yet to directly address the discoverability of wearable data, guidance from other jurisdictions suggests that such evidence may be admissible when it is relevant, narrowly tailored, and presents minimal privacy risks.
The article encourages attorneys to get ahead of the curve by:
- Asking clients early in their case whether they use wearable devices
- Instructing clients to preserve data
- Being prepared to challenge or narrow overbroad discovery requests from opposing counsel
As wearable data becomes more admissible in litigation, these devices may become the courtroom’s next “black box,” offering objective insights into a person’s physical activity, sleep, stress, and even location at critical moments.
To read the full article, click here.
